Related: Lawsuit Seeks to Overturn California Rulling on Owner-Operators
California Truckers Sue to Prevent Application of Dynamex Driver Wage Decision
The California Trucking Association and two California owner-operators have filed a lawsuit seeking to halt the wage relief order decision handed down by the state’s Supreme Court earlier this year.

In a new lawsuit, the California Trucking Association and two owner-operators contend that the Dynamex decision prohibits independent owner-operator drivers from contracting and performing trucking services for licensed motor carriers in California.
The California Trucking Association and two California owner-operators have filed a lawsuit seeking to halt the wage relief order decision handed down by the state’s Supreme Court.
The California Trucking Association (CTA) and two California independent owner-operator drivers have filed a lawsuit in U.S. Southern District Court seeking declaratory and injunctive relief against the unconstitutional interpretation of the state’s wage order test by the California Supreme Court (Court) in its Dynamex Operations West, Inc. v. Superior Court (Dynamex) decision. In the suit, plaintiffs contend that the Dynamex decision prohibits independent owner-operator drivers from contracting and performing trucking services for licensed motor carriers in California.
In the landmark Dynamex Operations West Inc. v. The Superior Court of Los Angeles County decision, the state Supreme Court ruled that certain workers, in particular transportation drivers, should be presumed employees instead of independent contractors when evaluating wage and hour classification in class action cases.
The court found that Dynamex, a courier and delivery service, had misclassified its couriers as independent contractors in order to cut costs. The court noted that "the misclassification of workers as independent contractors rather than employees is a very serious problem, depriving federal and state governments of billions of dollars in tax revenue and millions of workers of the labor law protections to which they are entitled."
The plaintiffs argue that the Dynamex ruling should not be enforced because it is preempted under the supremacy clause of the U.S. Constitution, which sets the decision in direct conflict with a federal law Congress passed in 1994 to prevent states from enacting laws that affected a motor carrier's prices, routes and services. The Dynamex decision also imposes an impermissible burden on interstate commerce under the U.S. Constitution’s commerce clause.
“This unprecedented Court decision wrongfully overturns decades of employment law and takes away the rights of tens of thousands of owner-operators to operate independently,” said Shawn Yadon, CEO of the California Trucking Association.
Independent-contractor drivers have represented a sizeable portion of the trucking industry for decades. In the United States, more than 500,000 drivers choose to be independent owner-operators, citing the freedom and flexibility that work model affords them.
“By choosing our own hours, setting our own schedules and being our own bosses, independent owner-operator truck drivers, like me, have found the freedom to spend more time with our families, earn higher compensation and, for some, the ability to start our own trucking business,” said Ravinder Singh.
Although there is a significant shortfall of drivers to fill existing employee positions, more than 70,000 current drivers still choose to operate as independent owner-operators in California.
According to the plaintiffs, the California Supreme Court’s decision to determine whether a worker is characterized as an independent contractor or an employee was not only surprising, it was unprecedented in California.
“The California Supreme Court has imposed a new test that has never existed in any form in California and, in doing so, completely ignored federal transportation law supporting the well-established and efficient business model of using owner-operators to transport this nation’s goods,” said Robert R. Roginson, attorney for CTA.
By replacing the longstanding multi-factor control test under a 1989 case called Borello, with a one-size-fits-all A-B-C test, consisting of highly restrictive criteria, this new test threatens to eliminate the independent contractor model in California for nearly all industries, including trucking.
“Owner-operators are integral to the trucking industry and many of today’s largest trucking companies started with just a single truck,” said Yadon. “Not only is the new ‘A-B-C’ test, set by the Dynamex decision, to determine whether a worker is an employee or independent contractor unconstitutional, but its implementation and enforcement will also deprive the next generation of truckers the entrepreneurial opportunity to grow."
A copy of the legal complaint can be found here.
More Drivers

Trump Administration Looks to Put More Veterans Behind the Wheel
The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.
Read More →
Putting Mack’s Command Steer to the Test
A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.
Read More →
Competition Heating Up for Truck Drivers
New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.
Read More →
How Fraley & Schilling Improved Logbook Compliance by Over 50%
Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.
Read More →
Volvo Goes Gaming
Volvo has roared into American Truck Simulator with two new flagship trucks.
Read More →
What the Best Fleets to Drive For Teach About Driver Retention
Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.
Read More →
Driver Retention Lessons From the Best Fleets to Drive For
What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.
Read More →
Farewell, CDL: Why I'm Giving Up My Commercial Driver's License
After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.
Read More →How Top Trucking Fleets Improve Driver Retention [Video]
What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.
Read More →
Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform
Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.
Read More →
